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New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 675, 21 January 1852, Page 4

(From the Government Gazette, January 13.) TERMS OF PURCHASE AND PASTUr AGE OF LAND ALLUDED TO IN THP FOREGOING ACT; ISSUED BY THE NFW ZEALAND COMPANY, Ist AUGUST, 1849. THE COOK’S STRAIT SETTLEMENTS. Terms of Purchase of Land, until further notice. The Court of Directors of the New Zealand Company are prepared to dispose of Land in the settlements of Wellington, Nelson, and New Plymouth, on Cook’s Strait in New Zealand, under the following terms, until further notice:— Size and Price of Allotments. 1. The Allotments of Land in the settlements of Wellington, Nelson, and New Ply. mouth, and their prices, including the special contributions for Emigration and other purposes mentioned in paragraph 2, will, for the present, be respectively as stated below. The Allotments are to be taken at the contents in Acres marked in the documents issued by the Company, or by its Principal Agent in New Zealand, or other authorised officer, be the same more or less. The purchase of the surface will include coal and all other minerals whatever, granted to the Company by the Crown, and lying underneath the Allotment purchased. When any Suburban Allotments are laid out and opened for selection, in the vicinity of any town or village, the prices will be stated. Wellington. Town of Petre—Allotment of * Acre . .£l2 15 -• Rural—Allotment of 25 Acres 50 0 5 Nelson. Town—Allotment of J Acre£l2 10 0 Rural—Allotment of 25 Acres 50 0 5 New Plymouth. Town—Allotment of | Acre£l2 10 0 Rural—Allotment of 25 Acres 50 0 1 Appropriation of Proceeds. 2. The proceeds of Lands sold under these terms, to the extent necessary to complete the quantities heretofore offered for sale in the said settlements respectively, will be appropriated in the following proportions and manner, viz:— Wellington. Fund for Emigration and supply of labor:— Purchaser’s passage 3s. 4d. in £l,l or 16 J per centl 15s. in £l, or Labor Us. Bd. in £l, or 58J per f 75 percent centj Vendor’s Fundss. in £l, or 25 percent Nelson. Fund for Emigration and supply of labor:— Purchaser’s passage 3s. 4d. in £l,l or 16 j per cent|los. in £l, or Labor Bs. 4d. in £l, or 33j per I 50 percent centl Fund for Civil uses:— Founding and main-) taining the settle-13s. 4d. in £l,l ment ) orlGjpercent 4s.Bd.infl, Public objects—Steam, ls.4d. in £l, or 23j per or 6| per cent cent Fund for Religious and Educational uses:— Religious Endow-Ils. in £l, or) ments, &cj 5 percent. 12s. in £l, or A College, Is. in £l, or 5 per cent. J 10 percent Vendor’s Fund... .-35.4 d. in £l, or 10j percent New Plymouth. Fund for Emigration and supply of labor:Purchaser’s passage, 3s. 4d. in £l,) 13s. 4d. in ft or 16 j per centl or 66 J per juubor 10s. in £l, or 50 per cent. J cent Fund for Civil uses:— Founding and maintaining the settle- Is. Bd. in £l,\ ft Public Objects ■ or 33 j per Vendor s Fund, ss. in £l, or 25 per cent. cent, .. When the quantities of Land heretofore of' tered for sale in the said settlements respet" lively are sold, the appropriation of the pr°' ceeus of subsequent sales will be subject w revision and alteration from time to time, m such manner as circumstances may render nf cessary or expedient. Mode of making Purchases. , 3- Purchases of Land may be made, und” these terms, either in the United Kingdom under the provisions of paragraph 4, or in N e * Zealand under the provisions of paragraph 'regulations will tie published from tio** ime by the Company's Principal Agent Zealand, or other authorised officer, regard’!’’ the mode of se ecting particular Allotments/ W* 6'nes and places at which applications Allotments are to be made, the way of m 8 such applications, the payment of purch’"

money, and any other matters which may be requisite for the information and guidance of purchasers, in each settlement respectively. Purchases made in the United Kingdom. 4. A person desirous of making, in the United Kingdom, a purchase of Land under these terms, may either determine at the time the settlement in which the Land is to be taken, or postpone such determination, at his own option. In the former case he will have a privilege of recommending laborers as hereinafter mentioned. Such person will be required, previous to his application being registered, to pay, either to Messsrs. Smith, Payne, & Smiths, Bankers in London, or to the Commercial Bank of Scotland in Edinburgh, on the New Zealand Company's account, the full price, including the special contributions for the purposes mentioned in paragraph 2, of one or more entire Allotments of the class of Land, whether town or rural, which he wishes to obtain ; and to transmit the Banker’s receipt to the New Zealand House, accompanied by a letter specifying the number and class of the Allotments so paid for, stating at full length the name, surname, and residence, of the person in whose favour a certilicutc of* payment is required to be prepared, j and (if he be desirous of recommending laborers) naming the settlement in which the land is to be taken. In exchange for the said receipt a certificate will be issued, under the seal of the Company, entitling the party therein named to credit for the sum stated, without interest, as payment for the Allotments which he may select accordingly. A purchaser of land under the provisions of this paragraph will be entitled to select the same, either by himself or his Agent, in entire Allotments, and under the Regulations in force at the time of selection in the said settlements respectively, out of any lands of the class specified, in any of the said settlements, (or in the particular settlement named as the case may be) which may then belaid out and declared by the Company’s Principal Agent or other authorised oflicer, to be open for such selection. Each allotment will be assigned to the person who, after paying in full, may first make application for it at the place and in the way which may be respectively appointed under the Regulations in force in the settlement, simultaneous applications being decided by lot. For lands purchased under the provisions of this paragraph, Conveyances will be executed with as little delay as may be practicable. A purchaser under the provisions of this paragraph will be entitled, at any time within Twelve Months from the date of making the payment in the United Kingdom, to receive 3s. 4d. in £l, or sixteen and two-thirds per cent. {One Sixth) of the sum so paid, as an Allowance towards defraying the expense actually and reasonably incurred for the passage of himself and his family to any one of the said settlements, at the rates laid down by the Company. . , If such purchaser, at the time of transmitting the Banker’s Receipt, shall also name the par-

ticular settlement in which the land is to be i taken, he will have the privilege, at any time 1 ■within Twelve Months from the date of payment s in the United Kingdom, of recommending t labourers for passages to the settlement named, i i under the General Regulations of the Company, i to the extent of the proportion of the sum so < paid stated in Paragraph 2 as a fund for the ' supply of labour in that settlement; and the i expense of the passage of the said labourers to the settlement named, if they be approved by the Court of Directors, will be defrayed either in whole or in part, in accordance with those regulations, out of the said fund. Passages will be reserved for purchasers and for labourers recommended by them as above and appoved by the Court, in the ships chartered by the Company. provided that applications for such passages be made Six Weeks before the sailing of the ship in which the parties desire to proceed. If through any act or neglect of the Purchaser, the passage allowance be not claimed, or the labourers be not recommended, within the period of Twelve Months from the date of payment in the United Kingdom, all claim to the said allowance, or to the said privilege of , recommending labourers, respectively, will become forfeited. Purchases made in New Zealand. 5. A person desirous of making, in New Zealand, a purchase of land under these terms, will be required to pay the full price, including the Special Contributions for the purposes mentioned in Paragraph 2, to the person appointed to receive the same, under the regulations in force at the time, in the settlement where the land is situated. Each allotment will be assigned to the person who, after paying in full, may first make application for it, at the place and in the way which may be.respectively appointed under the regulations in force in the settlement, simultaneous , applications being decided by Lot. I For lands purchased under the provisions of i ■ this paragraph, Conveyances will be executed I with as little delay as may be practicable. | With the exception mentioned in Paragraph G, purchasers under the provisions of this para- j I -c graph will not be entitled to passage allowance. Such purchasers will have the privilege of ■ recommending labourers to the same extent and under the same conditions as purchasers who have that privilege under the provisions of of Paragraph 4; with the exception only that wntten.notice of the desire to make such recom- | inundation, and full particulars of the labourers recommended must be given to the Company's Resident Agent in the settlement within Six Months from the date of making the payment m New Zealand. Purchasers from India or Ceylon. 6. Purchasers proceeding direct to any of the settlements above mentioned, from India or Ceylon, will be placed so far on the same foottug as purchasers in the United Kingdom, as to have the like allowance for the passage of themselves and their families to the settlement at which they may first land ; provided the amount be shewn to the satisfaction of the

Company’s Principal Agent to have been actually and reasonably expended on such passage, at rates proportionate to those of the Company from England, and provided also that the interval between the purchaser’s first arrival in any one of the said settlements, and his purchase, (whichever be prior in order of time) do not exceed Twelve Months. Disputes among Individuals. 7. Disputes among applicants and purchasers are to be determined either by Arbitrators or by Lot, if the parties concur in desiring either of’these modes of decision; and in default of such concurrence, by the Company’s Principal Agent or other authorised officer. Such determination to be in every case conclusive and binding as against all parties interested. But if the Company’s Agent or other officer decline to give any decision, the parties to be at liberty to have recourse to such remedy as they possess, at Law or in Equity. By Order of the Court, Thomas Cudbert Harington, Secretary, New Zealand House, 9, Broad-street Buildings, London, Ist August, 1851. THE COOK’S STRAIT SETTLEMENTS. Terms of Pasturage, until further Notice. The Court of Directors of the New Zealand Company are prepared to allow, until further notice, the issue of Licenses for the pasturage of lands at the disposal of the Company in the settlements of Wellington, Nelson, and New Plymouth, on Cook’s Strait in New Zealand, under such regulations, subject to the following conditions, as may be pi escribed from time to time by the Company’s Principal Agent in New Zealand, or other officer duly authorised in that behalf. Duration of Licenses. 1. Licenses for the Pasturage of land in the several settlements of Wellington, Nelson, and New Plymouth, while such land continues unappropriated and not required for any purpose other than pasturage, to be granted for periods not exceeding Oie Year not less th tn Six Mo nths to end on the 31st of December in each year but to be otherwise sooner determinable as hereinafter mentioned. Fresh Licenses to be in like manner issued at tfie end of each year. Licenses. 2. The persons qualified to hold such Licenses in each settlement respectively, on making application as hereinafter mentioned, to be the owners of not less than twenty-five Acres of Rural land in the same settlement under Titles originally derived from the Company; or, with the consent of such owners, their immediate i essees or Tenants to the like extent; in the latter case, however, the owner not to be qualified to hold a pasturage License in respect of the same land as his Tenant.

Applications for Licenses. 3. Applications for such Licenses to be made in writing; to be delivered, within the periods hereinafter mentioned, to such persons and at such times and places as may be appointed by the Company’s Principal Agent or other authorised Officer ; and to contain the following particulars, or such others as the said Agent or other Ollicer may deem necessary, viz : — Name and Residence of the Applicant ; Q lantity of Rural land under Titles originally derived from the Company held by the Applicant in the same settlement as owner, and not let {with the privilege of pasturage thereto attached) to any Lessee or Tenant; Quantity of Rural Land under Titles originally derived from the Company, held by the Applicant in the same settlement {with the privilege of Pasturage thereto attached) as the immediate Lessee or Tenant of the Owner,

with tite name and residence of such Owner ; Number and description of the Live-stock proposed to be depastured under the License. Apportionment of Pasturage. 4. No License to be granted, within the boundaries of any of the said settlements, for any defined pasturage runs ; but the extent or amount of pasturage to be enjoyed by each Licensee, and the mode of using the same, whether in commonage, in runs, or otherwise, to be decided in each settlement by Wardens elected annually under the following arrangements, viz:— A Public Advertisement to he issued by the Company’s Principal Agent or other authorised ollicer, in the month of October in each year, calling a General Meeting of the Persons qualified to h> Id Licenses in the settlement, to be held on a specified day in the ensuing month.

At the meeting held accordingly in the month of November, three Wardens to be elected by a majority of. Votes, for the year commencing on the Ist of December then next ensuing; each person duly- qualified to be entitled to Votes in the following proportions, viz :— For 25 Acres and under 50, —Oue \ ote For 50 Acres and under 100, —Two A otes For 100 Acres and under 150, —Three Votes For 150 Acres aud under 200, —Four Votes For 200 Acres and under 250, —Five Votes For 250 Acres and upwards,—Six Votes The Company's Principal Agent or other authorised Ollicer to preside, but to have no Vote except in the case of an equality' of Votes. In the event of the death, resignation, or re ■ fusal to act of any of the Wardens so elected, the remaining Wardens to supply the vacancy by electing his successor within One Month. Applications for Licenses, in the prescribed form duly filled up, to be delivered to the appointed persons and at the appointed times and places on or before the 15th days of the months of November and May respectively. License, to take effect respectively on the Ist of January and the Ist of July then next ensuing to be issued to Applicants duly quahhedand a list of the Licensees with an abstract of the contents of their several applications to be supplied to the Wardens, by the Company s

Principal Agent or other authorised Officer, 1 on or before the last days of the said months j of November and May. The Pasturage in each settlement to be appor- 1 tioned, the mode of using it to be decided, and the parties interested to be apprised accordingly, by the Wardens, in the months of December and June for the half-years com- j mencing respectively on the Ist January and the Ist of July then next ensuing. In such apportionment, regard to be had to such General Rules as the said Wardens may deem suited to the circumstances of the case or to ] the condition of each settlement respectively ; i 1 the privilege of pasturage, however, to be in proportion to the quantity of land in respect ' of which each License may be held. ' New Purchasers of Land, being duly qualified and making the requisite application, to be 1 admitted to a proportionate privilege of Pasturage at each half-yearly apportionment. In every case, the apportionment of the Pasturage and the Regulations as to the mode of using it to be agreed to by two at least of the ' Wardens for the time; in the event of their j' failing, from non-agreement or other cause, [ to make any such apportionment and regu- I lations within the respective months of December and June, or to fill up a vacancy I within one month after such vacancy occurring, the powers hereby intended to be conferred upon such Wardens, in regard of those duties respectively, to be thereupon held and exercised in each case respectively by the Company’s Principal Agent or other authorised Officer. Yearly Charges on Licenses. 5. The said Licenses to be subject to no charge whatever, except the Fee mentioned in the next paragraph. Fee on Licenses. 6. On the issue of each License, a Fee to be ■ paid of Ten Shillings and Six pence. Reservation of Rights. 7- Any portion of the Pasturage-Land to be i | liable to be taken al any time by the Company’s j ' Principal Agent or other authorised Officer, for | I any purpose other than pasturage. j No License to confer any right to the soil ;l i or power of bieaking-up the same, or of sub- j letting the Pasturage apart from the Land in ! respect of which the License is issued, without ; the consent of the Company’s Principal Agent or other authorised Officer, or otherwise to abridge or suspend the rights and powers ofthe Company in and over the land to be despastured. Improvements. I 8. No allowance to be made to the holder of any License for any Improvements which he i may think proper to effect. Disputes among individuals. 9. Disputes among Licensees to be deterj mined in such manner as the Wardens may decide. j Such decision to be in every case conclusive and I binding as against all parties interested, j Non observance of Terms. i 10. In the event of neglect or non-observance 1 by any Licensee, of these terms or of the regu- ■ lations to be prescribed by the Company’s Principal Agent or other authorised Oflicer as above mentioned, so far as the same may respectively affect the rights or interests of the Company itself, such Ager.t or other Officer to have power to declare the License determined : the same to become thereupon null and void as by lapse of time ; and the said Agent or other Officer to be at liberty to resume forthwith the pasturage thereby’ allowed, and the V> ardens to apportion the same as if no such License had ever been issued. By’ order of the Court, Thomas Cudbert Harington, Secretary. New Zealand House, 9, Broad-street Buildings, London, Ist August, 1849. LANDS NOT ALLOTTED TO ANY SET- ; ELEMENT. t Terms of Pasturage, until further notice. ’ The Court of Directors of the New Zealand Company are prepared to allow, until further J. notice, the issue of Licenses for the pasturage ' of lands in New Zealand at the disposal of the Company and not allotted to any settlement, - under such regulations, subject to the following ‘ conditions, as may be prescribed from time to 1 to time by the Company's Principal Agent in s New Zealand or other Officer duly authorised • in that behalf.

Duration of Licenses. 1. Licenses for the pasturage of land at the disposal of the Company and not allotted to any settlement, while such land continues unappropriated and not required for any purpose other than pasturage, to be granted for periods not exceeding One year, to end on the 31st of December in each year, but to be otherwise sooner determinable as hereinafter mentioned. Fresh Licenses to be in like manner issued at the end of each year. Licenses. 2. Licenses for particular pasturage runs to be granted to the persons who may first make application for such runs, respectively, in accordance with the rules laid down in paragraph In the event of two or more persons making application for the same run, in accordance with the said said rules, one of which persons is at the time the Licensee of the said run, a preference to be given to such Licensee, subject of course to the conditions which may be in force at the time. In all other cases simultaneous applications to be decided by lot. Applications for Licenses. 3. Applications for such Licenses to be made in writing; to be delivered to such persons and at such times and places as may be respectivelyappointed by the Company’s Principal Agent or other authorised Officer; and to contain the

following particulars, or such others as the said Agent or other Officer may deem necessary viz : Name and Residence of the Applicant; Situation, Boundaries, and estimated Extent of the pasturage run applied for; Estimated quantity of live stock which the said run is capable of sustaining; and Number and description of the live Stock proposed to be depastured under the License. Apportionment of pasturage. 4- extent °* ttie pasturage run to be com • prised in any license, the boundaries of the run therein specified, and the quantity of live Stock which the said run is deemed capable of sustaining, to be decided by the Company’s Pfucipal Agent or other authorised Officer; and, in the event of difference between such Agent or Officer and the Applicant, by two Arbitrators, one appointed by each of the said par i-s. with power to elect an Umpire. The boundaries of each pasturage run, if not marked by streams or other natural to be marked by the IJeonsoo )-.<• marked trees, oy posts placed at intervals, or by some other method which will render them easily discernible. Yearly Charges on Licenses. •5. Each License to be subject to a Yearly Charge (exclusive of the Fee on its issue), payable as undermentioned, and calculated on the quantity of live Stock which the pasturage i in therein specified is deemed capable of sustaining, at the following rates, viz.:— For Sheep, each Id. For horned Cattle or Horses .... Bd. The charge to be paid half-yearly in advance under penalty of forfeiture and determination of the License, and to continue to be so paid I whether the run be actually used by the Licensee or not.

A proportionate part to be returned, in the event of the License being either wholly or partially determined or abridged before the expiration of the half-year. Fees on Licenses. 6. On the issue of each License, a Fee to 1. e paid of an amount to be fixed by the Compaq, Principal Agent or other authorised Officer, tio. exceeding Five Pounds, in addition to the halfyear’s charge above mentioned. One-half only of such Fee to be paid upon any License issued subsequently to the 31st cf Maj for the portion of the year ending on the 31 st December following. Reservation of Rights. 7. The License to be subject to determination or abridgement, and any portion of the Pa.-tu-rage run to be liable to be taken at any time by the Company’s Principal Agent or other authorised Officer, for any purpose other than Pasturage, after a notice of Six Months without reference to the date or commencement of the License. No License to confer any right to the soil; or power of breaking-up the same, or sub-letting the Pasturage, without the consent of the Company’s Principal Agent or other authorised Officer; or otherwise to abridge or suspend the rights and powers of the Company in and over j the land to be depastured. Improvements. ! 8. No allowance to be made to the holder of i any License for improvements which he may I think proper to effect. Disputes among individuals. 9, Disputes among applicants or Licensees to be determined either by Arbitration or by Lot, if the parties concur in desiring either of these modes of decision ; and, in default of such concurrence, by the Company’s Principal Agent or other authorised Officer. . Such determination I to be in every case conclusive and binding as i against all parties interested. i But if the Company’s Agent or other Officer I decline to give any decision, the parties to be ‘ at liberty to have recourse to such remedy as they possess, at Law or in Equity. Non-observance of Terms. 10. In the event of neglect or non-observance, by any Licensee, of these Terms or of the Regulations to be prescribed by the Com anv’s Principal Agent or other authorised Officer as above mentioned, so far as the same may respectively affect the rights or interests of thCompany itself, such Agent or other Office to have power to declare the License determin d : the same to become thereupon null a. : J void by lapse of time; and the said Agent cv c-’ Officer to be at liberty to resume torim. ffis L PasTira.;e run therein mentioned, aa-1 :c d impose of the same as if no such license had ever been issued.

Non-surrender of Possession. 11. In the event of refusal or neglect to give up possession on the determination of any Liaense by lapse of time or otherwise, the Licensee to be liable, during tbe continuance of such refusal or neglect, for the payment of a sum equal to Three-times the amount of the charge reserved in the said License, without prejudice to any other right or remedy which the Company may possess. By order of the Court, Thomas Cudbert Harington, Secretary. New Zealand House, 9, Broad-street Buildings, London, Ist August, 1849.